Professional Times

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4th May 2012
Real Estate Special

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CA M K Agarwal

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Contents Advisory Board



































CA Amarjit Chopra- Chairman
CS Pawan Vijay(Former President-ICSI)
CA S.C Gupta (Former Director-UCO Bank)
CA S. P Agarwal
CS P.K Mittal (Adv.)
CA M. K. Doogar
CA Ashok Goyal (Devraha)
CA Ved Mittal

CA M.K.Agarwal
9810018056
mkcacs@gmail.com

We express our gratitude for all the encouragement, appreciation and support we have
received from the supporters and readers of PROFESSIONAL TIMES E-MAIL. Our
team like always has tried to bring something unique and has compiled this issue for our
readers.
Real estate is at the core of almost every business, and it's certainly at the core of
most people's wealth. In order to build your wealth and improve your business
smarts, you need to know about real estate.
DONALD TRUMP, Think like a Billionaire
Real Estate- is the core topic this time along with others. We all know how real estate
has always been the much talked about industry. Real Estate blogging too is the hot
topic of the hour. It will continue to pop up at the top of the charts for the year around.
Lets face it Real Estate is much more beyond simple buying and selling of land.
This issue brings for you real estate insights from the Experts, our colleagues who are in the Real estate
industry themselves; it also comprises articles on how the Budget has impacted the real estate business. Articles
on Management Audit and on AMT and MAT also form a part of PT this time. A breath of fresh air, an article
from a CA student who shares his Life in a Metro is also entailed.
We hope that you like reading this issue, in case you have some queries relating to the articles and otherwise, do
let us know we would be more than happy to help. Kindly feel free to provide us your valuable feedback on the
content & quality of the e- mail of Professional Times and improve it further in emerging as a prominent and a
meaningful source of communication.
We are very much thankful to our advisory board and to all those who are supporting us in any way in general
and young professional times team in particular for their sincere, selfless and dedicated efforts.
Take whatever you can from your life.because when life starts taking from you it
takes even your last breath
*M.K Agarwal, M.Com, LLB, FCA, FCS, DISA, Former Secretary, NIRC of ICAI.
CFA Ankit Jain
Editorial Team- Professional Times
CA Minal Agarwal
Jain
CA Sahil Aggarwal CA Mayank Bansal
An Insight of Real Estate Market
Impact of Budget on Real Estate
Case laws on Real Estate
Management audit
AMT vis a vis MAT
Life in a Metro
Latest Updates, Legal couture, Do u know
Team/Contributors/Subscribers of PT
Articles



An Insightful Perspective of Real Estate Market An Insightful Perspective of Real Estate Market An Insightful Perspective of Real Estate Market An Insightful Perspective of Real Estate Market

The growth trajectory of our Indian Economy has been commendable despite many other nations of the world or
passing through the lean phases owing to economic recession. Our average GDP growth is more than 8.6 % ever
since 2005-06 except for 2008-09 where the economy grew by mere 6.7% due to the impact of severe global
economic recession. In the past few quarters, slow down in global economy and tight monetary policy had
dragged down the GDP growth to less than 7 %. Thanks to the recent relaxation in the interest rates by RBI. For
2011-12, GDP growth is much lower than the targeted 8.4% growth which was achieved during 2010-11. For
2012-13, the projected growth is 7.2%.
Impressive economic growth of a country has a direct bearing on the real estate sector, thereby leading to healthy
absorption rate of residential and commercial project. The level of economic activity influences the business
activity, the employment opportunities, the spending power, the living standards and of course the amount of
incremental office space and residential options in need.
According to the latest research report of RNCOS on Indian Housing Sector Analysis, the annual demand for
residential buildings in the country is anticipated to grow at a CAGR of 52.5% by 2014 to reach 22.1 Million
Units. CII report suggests that there is a huge gap in the supply and the demand for housing projects in Delhi.
Also, there is a great demand for luxury villas as many High Net worth NRIs are returning to India for donning
the hat of entrepreneurship. Obviously, there is a need for many office spaces & business conventional centers.
Growth rate of more than 9 % in the service sector GDP over the last few years has fuelled the need for additional
office space from this sector and is expected to grow further in the coming years. The advent of lucrative
corporate job opportunities since the year 1995 has empowered many with good cash reserves. This Generation X
is in look out for residential options with ultra modern facilities. In this light of facts, real estate stands to be a
better investment option provided one doesn't falter in choosing the right project as there are so many players
mushrooming in the market with impractical but very temptingly attractive schemes."The average project
completion time is approximately 3 years. Frequent changes in the government policy on real estate and
infrastructure affect the projects adversely. There is a need for a long term vision of the Government on this
sector specifically making the developers free from the short term tremors. Frequent & unexpected rise in the
prices of construction material is another deterrent that affects the working capital of the developer. A standard
pricing policy for construction material is more than welcome. Besides these all, after land acquisitions, it takes at
least 12 to 18 months to receive all required government clearances. A single window clearance system for the
same is also required for speedy clearances. These are challenges stand in between the successful completion of
the project. It is only the developer with Vision, Leadership and Moral stand that can give life to the
dreams of investors.
Moreover, the investor should gain a clear view about the entire process of investing in the real estate property.
One should have a specific idea about the monetary aspect when he is supposed to pay and the hidden costs too
which if ignored will create mental agony in meeting the unexpected costs. In majority of the cases, investors will
be in a hurry to clinch the best deal and will be lured by the marketing tools. They get through the deal once they
realize that some special discount is offered. They miss noticing the other costs involved in the transaction.
Investors are lured by location and do not get to notice whether the features offered in the project are practically
feasible or not. This gives scope for regrets just as in the case of blindly believing in the designs provided in
advertisement material. It takes a lot of study before deciding to go for a property. One should clearly come to a
conclusion whether the investment plan offered suits their financial position or not. Because, the inability to meet
up the regular payment demands will end up in the cancellation of the booking.
CA Awadhesh Goel
(Jt. MD, Earthinfra
Structure Ltd.)
This will add to the agony apart from monetary loss in two ways: 1. Loss of opportunity and 2. Loss of time. It is
always advisable to take the advice of the existing investors who already invested in the same property or any
other property of the same developer. Its better to cross verify the details from the website and other research
reports on the same project. Official information and commitments are to be relied on and not the unofficial ones.
Going clearly through the builder-buyer agreement is necessary. Above all, taking stock of whether the project is
with all necessary clearances from the Government Authorities or not is important. The investor has to support the
developer in making the payments on time so that the construction activity can be carried on within the set time
lines. There would be some unexpected situations leading to delay in the construction process as it happened due
to farmers agitation in Noida. As such situations are out of the hands of developers, the investor community is
expected to render its faith and support to the developer. A clear mutual understanding for the creation of win-win
situations is a must for a good builder- buyer relationship.



Ensuring Dos & Don'ts before taking a decision on property investment gives no scope for regrets. My guidelines
are based on the philosophy of not allowing others to side track us. It is not other's strength to make us regret but
is in fact our innocence that lets us into wet areas and suffer loss. The traps are already laid because the industry is
yet to be organized as is currently open for all players- genuine & otherwise. A regulatory authority for real estate
in the coming times would make this industry more professional.
Finally, one has to study the pitch before going for the toss. It really helps. Investing in real estate is a matter of
huge amount. At any go, it takes at least valuable savings of a few years. Investment is always the game of timing
and is very true in case of real estate. When there are resources, there could not be the right opportunities and also
otherwise. Hence, the most important guiding factor is patience. The ideal suggestion would be to set aside the
amount one wishes to invest in real estate and watch the market for the right option. It may click any time. There
is a lot to grasp from the very word 'go' and till the time of Result.

Caution is not simply a watch word but the crucial message to catch up with.








IMPACT IMPACT IMPACT IMPACT of of of of BUDGET BUDGET BUDGET BUDGET on REAL on REAL on REAL on REAL E EE ESTATE SECTOR STATE SECTOR STATE SECTOR STATE SECTOR

Finance Minister Pranab Mukherjee started his budget speech 2012-13 in the backdrop of challenging macroeconomic
scenario. The finance minister projects the economy to grow by 7.6% in the next fiscal up from 6.9% in 2011-12. He
mentioned that due to adverse global economic sentiments there has been a slowdown in the Indian Economy but the
fact is India still remains among the front runners in the economic growth in any cross country comparison. The budget
aims at faster, sustainable and more inclusive growth across sectors emphasizing on five focus areas including revival
of domestic consumption, rapid revival of high growth in private investment, removal of supply bottlenecks,
addressing malnutrition in 200 high burden districts and expedite improvement in delivery system, governance and
transparency.
From a real estate perspective, the budget remained silent on most of the major issues including status of STPIs
(Software Technology Parks of India), Real Estate Regulatory Bill, Land Bill etc. however, it mentioned that efforts
are on to arrive at a political consensus on the issue of allowing 51% Foreign Direct Investment (FDI) in multi-brand
retail.
The key highlights of the budget which may Impact real estate sector are as follows:
- External Commercial Borrowings (ECB) for low cost affordable housing projects. Impact: Real estate companies
developing large affordable housing projects with large fund requirements will benefit the most from the easing of
external commercial borrowing (ECB) norms as interest rate charged is lower in case of external borrowings in
comparison to rates charged by domestic institutions.
- Increase in provision under Rural Housing Fund to INR 4,000 crore from the existing INR 3,000 crore. Impact: It
will provide housing finance to targeted groups in rural areas at competitive rates.
- Extension of the existing scheme of interest subvention of 1% on housing loans up to INR 15 lakh where the cost
of the house does not exceed INR 25 lakh for another year. Impact: This will boost the affordable housing segment
by providing cheaper loan to the end users.
- Enhance the limit of indirect finance under priority sector from INR 5 lakh to INR 10 lakh. Impact: Indirect
finance is the assistance given to any governmental agency for construction of houses or for slum clearance and
rehabilitation of slum dwellers, the increase in limit would further promotes the affordable housing sector
- Set up of Credit Guarantee Trust Fund. Impact: this fund is established to ensure better flow of institutional credit
for housing loans. It will further ensure the easy availability of funds to promote affordable housing sector.
- The rate of withholding tax on interest payments on external commercial borrowings is proposed to be reduced
from 20% to 5% for three years. These sectors are: power, airlines, roads and bridges, ports and shipyards,
affordable housing, fertilizer and dams Impact: this would provide low cost funds to affordable housing and
infrastructure sectors.
- Investment linked deduction of capital expenditure incurred in businesses like Cold Chain Facility, Warehouses for
storage of food grains, Hospitals, fertilizers and affordable housing is proposed to be provided at the enhanced rate
of 150%, as against the current rate of 100%. Impact: This will decrease the tax liability of the firms involved in
above mentioned businesses and further boost the investments in logistics, hospitality and affordable housing.
- Enhancement of service tax from 10% to 12%. Impact: This increase is expected to yield additional revenue of
INR 18,660 crore to the government being services the fastest growing sector, with 59% share in GDP. From real
estate perspective it will further increase the real estate cost to end users.
- Service tax exemption for construction service related to specified infrastructure, canals, irrigation works, post-
harvest infrastructure, residential dwelling and low cost mass housing up to an area of 60 sq meters.
CA Sahil Agarwal
- Under the scheme of affordable housing. Further, the exemption limit for the monthly charges payable by a
member to a housing society has been raised from INR 3,000 to INR 5,000. Impact: This will encourage affordable
housing and other infrastructure related activities mentioned above.
- Allow ECB for capital expenditure on the maintenance and operations for toll systems for roads and highways so
long as they are part of the original project. Fund Allocation for Pradhan Mantri Gram Sadak Yojana (PMGSY)
has increase by 20% amounting to INR 24,000 crore and under Rural Infrastructure Development Fund (RIDF) to
INR 20,000 crore Impact: Enhancement of the flow of funds to the infrastructure sector, these initiatives will
indirectly boost real estate in long term.
- Allocation of INR 5,000 crore to each Housing and Urban Development Corporation Ltd. (HUDCO) and National
Housing Board (NHB) out of INR 60,000 crore limit for tax free bond for financing infra related projects. Impact:
This will encourage much needed home loan disbursements in affordable housing projects. It will also help in
strengthening the investment environment through a combination of public investment and public private
partnerships (PPP).
- The budget envisaged to construct nearly 4,000 residential units for Central Armed Police Forces for which INR
1,185 crores is proposed to be allocated. Further a provision for INR 3,280 crore has been made for construction of
office buildings including land acquisition and barracks to accommodate 27,000 personnel. Impact: This will
increase housing stock for para military forces.
From real estate perspective the budget seems to be neutral; the realty Index and most of the listed real estate
companies behaved negatively after the budget announcement. The budget stated that during the twelth five year plan,
infrastructure investment will go up to INR 50 lakh crore out of which 50% is expected to come from private sector.
This will in turn enhance capital flow in the infrastructure sector and expected to indirectly give impetus to the real
estate industry.

















\







CA Mayank Bansal

CASE LAWS ON REAL ESTATE
Real Estate and HUF
In a recent case of Hariprasad Bhojnagarwala Relief u/s 23(2) providing annual value of house
property as nil available to HUF held that relief not available only to imaginary assessable entity like
partnership; HUF is a group of individuals, not fictional entity since family cannot consist of artificial
persons - Full Bench : Gujarat High Court.

Real Estate Developers
In a recent case of Azimganj Estate (P.) Ltd. - [2012] 20 taxmann.com 203 (Calcutta) held that
Where assessee constructed some flats for sale and disclosed rental income derived from letting out of
unsold flats as 'Income from house property', rental income could not treated as business income
merely because assessee in wealth tax proceedings claimed that unsold flats were stock-in-trade of its
business.








M MM MANAGEMENT AUDIT ANAGEMENT AUDIT ANAGEMENT AUDIT ANAGEMENT AUDIT

Definition: Management Audit is comprehensive and constructive examination of business from highest level
downward in order to ascertain whether sound management prevails throughout, thus facilitating the most
effective relationship with the outside world and the most efficient organization and smooth running internally.
Objective: The organization plans to have the Management Audit as integral part of monitoring and control
process to ensure the corporate governance, control and efficiency, at every stage and area of operation. The
objective includes;
Business Managed Efficiently
Plans and Programmes executed as per set guidelines.
Increasing Management efficiency with effective and efficient discharge of duties and responsibilities.
Improvements and recommendations to assess whether it can achieve overall business objectives or not.
Charter:
Financial Integrity- Provides the Board of Directors with a means to assure that financial information
is credible.
Internal Control- Provide management with an independent means to monitor and evaluate the
Companys internal control environment.
Cost Savings- Evaluate company operations to identify cost saving opportunities for
management action.
Operational Performance- Evaluates the effectiveness and efficiency of operational performance.
Scope: Broader scope includes Study of Organizational structure in relation to nature and demand of business to
achieve its aims and objectives and Audit of;
System and Procedures
Revenue Leakage (Cost Control),
Concurrent Audit for End to End Transactions pertaining to Income and Expenses,
Critical analysis and review of Trade Recoverable / payables, inventory holdings.
Status of Statutory and other compliances,
Physical Verification of Moveable Fixed Assets.
Review of customers complaints and system to handle them and compliance thereon.
Any other grey area where ever management feels to have an independent review / opinion as may be
required during the course of Audit.
Value Addition by Management Audit:
Audit contributions can add value through suggestions for improvement in business process or through sound and
effective internal control system to achieve the objective of operating units. However to satisfy these
responsibilities Auditor needs;
Visible Top Management Support followed by effective business group management support.
Ensuring involvement of Senior Business Group Manager in the Audit Process.
Audit function has free and unrestricted access to all financial and operating information within the
company.
Continuous auditee feedback mechanism for effective and frequent reporting.
Resolutions of Audit findings, timely follow up audit procedure to ensure that audit findings are resolved.
CA Adesh Jain

























AMT vis AMT vis AMT vis AMT vis- -- -a aa a- -- -vis MAT vis MAT vis MAT vis MAT

Its the time of the year to talk about taxes. After MAT on Corporates and AMT on Limited Liability Partnerships
(LLPs), it's now the turn of other classes of tax payers - including individual, Hindu Undivided Family (HUF), Sole
Proprietors, Partnership Firms and most importantly, Association of Persons (AOPs) and Body of Individuals
(BOIs) - to contribute to the government exchequer. With the advent of proposed amendments, as aforesaid the
non-corporate business assesses are also brought within the folds of Alternate Minimum Tax (AMT) @ 18.5%
(plus applicable surcharge and cess). While the objective of this amendment is to widen the tax base and generate
additional tax revenues, it could dampen the growth of industries in India. This trend of providing tax incentives to
boost the growth of specified industries followed by levy of AMT may be viewed critically by the industry.

The concept of AMT i.e. Alternate Minimum Tax is a tax regime parallel to MAT i.e. Minimum Alternate
Tax. Initially, AMT was introduced to cover only LLPs however, w.e.f. AY 2013-14 AMT is applicable on all
taxpayers including LLPs (other than corporate assesses). The intent of Revenue to widen the scope of AMT was to
target assesses who claim deduction under any section included in Chapter-VIA (Heading C) or assesses who claim
deduction under section 10AA i.e. those who benefit from tax incentives pay atleast some minimum tax. However,
AMT is not applicable on those Individual, HUF, AOPs and BOIs whose adjusted total income* does not exceed
20 lacs.

If the tax liability of an assessee is higher under AMT** (18.5%) than under normal tax provisions, then
the adjusted income becomes the taxable income and consequently this will be used for the purposes of calculation
of tax under AMT. Excess of AMT paid over the normal tax (called AMT Credit***) is allowed to be carried
forward for set-off against the tax payable under the normal provisions for a period of 10 years. Given
that standard tax rates top out at 35%, this doesnt sound too bad.

* Adjusted Total Income = Total Income (before giving effect to AMT provisions)
+
Deductions claimed under any section in Chapter VI-A (Heading C,
Other than section 80P) and deduction claimed under section 10AA

** AMT = Adjusted Total Income * 18.5%

*** AMT Credit = Tax under AMT Regular income tax

CA Khushboo Bansal



















































TEN COMMANDMENTS FOR TODAYS LIFE:

10 Commandments are said to be a set of biblical principles relating to ethics and worship, we bring out the Ten
Commandments which can easily be applied in the 21
st
Century:
1. Prayer:-
Prayer is not a stepney which will help you in your troubles. Its a steering wheel which directs you to the right
path in the life and be the guiding light throughout the whole passage of life.
2. Look Ahead:
Have you ever wondered why a windshield of a car is so large and a rare view mirror so small? Because our future
is much important then the past. Look forward and move ahead in life always. Most people are prisoners,
thinking only about the future or living in the past. They are not in the present, and the present is where
everything begins so make your present worth remembering.
3. Friendship
Friendship is like a book, it takes seconds to burn it and years to write it. Value real friends in life and treasure
them forever.
4. Dynamism
Everything is temporary in life and is ever changing. When everything is running smoothly, enjoy it. When things
go wrong do not worry, tough time also would not last for long.
5. Old is Gold
Old friends are like gold and new are diamonds. When you find diamonds, dont forget the gold because gold has
to be used as the base to hold the diamond.
6. Hope
Many times we lose hope and think that, Alals! It is the end. Thats the time god smiles and says, relax Dear it is
just a turn TO A NEW BEGINNING and not the end of life.
7. Faith
If you believe in your abilities then god also solves your problems. God helps those who help themselves.
8. Vision
Saint Anthony asked a blind man what is worse than loosing your sight, the man answered- VISION. Losing sight
is better than losing your vision.
9. Kindness
When you pray for others, god listens to your prayers and blesses them. And sometimes when u feel happy and
blessed, do always remember that somewhere somebody is praying for you and their prayers are being heard.
10. Dont Worry, Be Happy
Stress does not reduce your troubles but it only destroys your piece of mind and your present. If you find your
worries important, share them with your friends.

Compiled by
Komal Agarwal










I travel two hours in the metro every day. Youd think of two hours like a breeze on an autumn morning,
considering how we all talk about life moving faster than a ninja, but if youve been in my shoes, travelling
alone in the metro every day, can be a pain the posterior.

But its not all gloomy, hey! The metro has taught me more in a month, than what school taught me in a year.
You climb up the station, go through the regular security checks (cough) and wait for the train. But just as
soon as it arrives and the door opens, you feel the power of a Spartan; punching, kicking, elbowing and
clothes lining any one in your way. Your eyes scan the compartment like a hawk, eyeing every little pathetic
soul on your potential seat. And then the realization sets in. The train starts moving and you still dont have a
seat. You let out a furious growl that would make your neighborhood lion pee in its hide. Around you, you
see mortals laughing hysterically, like the Joker in The Dark Knight, taunting you, daring you. But you wait,
like a tiger on a hunt, Patient, focused and hungry. You put your earphones on, as part of your cover,
pretending to not care, and slowly taking in your surroundings. But your eyes are constantly searching for the
Holy Grail.

And suddenly it happens. You see so meone getting up. You jump in the air, somersault on the floor and get
to the seat, terminating every hopeful human in a 1 meter radius.

The next couple of seconds move in slow motion. You place your beautifully shaped butt on the seat, letting
out the biggest sigh of relief of your life, and let the feeling take over. A glass of cold water after some mint,
Sensational! You eye every single person still standing in the compartment, and cannot help but pass a
shameless grin. Victory is indeed yours.

Did anybody ever tell you life has a funny way of taking revenge? Because only when youve reached the
next station, an oversized woman would enter, wearing the average salwar kameez and her hair in a bun. She
would toss her eyeballs around the compartment, and eventually fix them on you.
Oh lord. Please no! But her cunning eyes, filled with murder, will be transfixed on you. You will bend
forward and glance towards the next compartment which is half empty the Womens Compartment. But no,
the woman is still moving towards you, approaching from the side. You will look across, where the sign on
the seat says For Women Only, hoping the woman would look there instead. But alas! She stands right in
front of your face now, slowly gesturing you with her index finger (no pun intended) to leave her territory.
And you, with the face of a dying warrior, get up and accept defeat.

The Lord of Chivalry wins. K.O.
- CA Student
Tushar Rawal
LIFE IN A METRO LIFE IN A METRO LIFE IN A METRO LIFE IN A METRO










































.
Legal Couture:
Insimul Together
Non valentia agree Inability to sue
Per saltum By a sudden movement
Turpis Immoral
Fatum Beyond human foresight

Do You Know?
a) The cash back received on your Credit Card and the
reward points earned are taxable.
b) Signature of guardian becomes invalid for financial
transactions once a child turns major.
c) Interest earned on savings account balances is not
subjected to TDS.
d) You can buy silver ETFs if you have a Demat
Account.
e) NSC investment is eligible for tax benefir under
Section 80C.

Answers: a) No; b) Yes; c) Yes; d) No; e)Yes.
Intra-bank Deposit Accounts
Portability
According to RBI Circular DBOD.AML. BC.
No. 97/14.01.001/2011-12 Banks are advised
that KYC once done by one branch of the
bank should be valid for transfer of the
account within the bank as long as full KYC
has been done for the concerned account.
The customer should be allowed to transfer
his account from one branch to another
branch without restrictions. In order to
comply with KYC requirements of correct
address of the person, fresh address proof
may be obtained from him/her upon such
transfer by the transferee branch. It may be
noted that instructions regarding periodical
updation of KYC data in terms of Para
2.4(e) and those on maintenance of records
of identity and transaction in terms of Para
2.21(iii) of our Master circular
DBOD.AML.BC. No.2/14.01.001/ 2009-10
dated July 01, 2011 remain unchanged and
banks will be required to carry out the
updation at prescribed intervals as also
maintain records of transactions and
verification of identity as prescribed.

Latest Updates Latest Updates Latest Updates Latest Updates

CA Simran Kaur

Changes in Name Availability Guidelines, 2011. MCA General Circular No. 7/2012 dated
25
th
April, 2012.
Delhi Cabinet clears Court Fees (Delhi Amendment) Bill 2011. Court fees to go up 10 times.
E-stamping to replace Judicial Stamp Papers.

R
RRE
EEC
CCR
RRU
UUI
II T
TTM
MME
EEN
NNT
TT C
CCE
EEL
LLL
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Keeping in mind, the requirements and special requests from our young Keeping in mind, the requirements and special requests from our young Keeping in mind, the requirements and special requests from our young Keeping in mind, the requirements and special requests from our young CA members CA members CA members CA members, we , we , we , we
have approached some industrial repute and our well have approached some industrial repute and our well have approached some industrial repute and our well have approached some industrial repute and our well- -- - wishers who are willing to appoint wishers who are willing to appoint wishers who are willing to appoint wishers who are willing to appoint
newly qualified CAs. In case you wish to avail this opportuni newly qualified CAs. In case you wish to avail this opportuni newly qualified CAs. In case you wish to avail this opportuni newly qualified CAs. In case you wish to avail this opportunity, you can mail us your ty, you can mail us your ty, you can mail us your ty, you can mail us your
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